Category: Car Accidents

Manufacturers, designers, and distributors of all consumer products owe consumers a duty to provide safe products. If anyone in the supply chain fails in this duty, and someone is hurt as a result, they may be held legally responsible for compensating that injured person pursuant to a product liability claim.

Some of the most devastating product liability claims involve motor vehicle defects. These defects can injure vehicle passengers in and of themselves. Alternatively, and commonly, vehicle defects lead to tragic accidents where vehicle occupants sustain serious and lasting injuries.

Accidents Caused By Vehicle Defects

Unfortunately, there are a number of fairly common vehicle defects that can cause motor vehicle accidents leading to injuries, cause injuries themselves, or lead to the exacerbation of injuries sustained in a motor vehicle accident. Some of the common vehicle defects that can cause or contribute to passenger injuries include:

• Airbag defects: Defective airbags can fail to deploy when needed or deploy when they are not needed. When airbags fail to deploy, accident injuries can be much worse, causing a vehicle passenger to be pushed forward into the dashboard, steering column, or windshield without the cushion barrier of the airbag. Alternatively, airbags deploying when they should not deploy can also be dangerous. Airbag deployment can prevent injuries in some cases, but they can also cause burns and bruising.

• Seatbelt defects: Seatbelts are a fundamental vehicle safety feature. It is proven that they keep people in cars safer and can prevent serious injury in the event of an accident. Sometimes, however, seatbelts fail and there have been cases where seatbelts have come unbuckled in an accident.

• Tire defects: Tire defects can lead to things such as blowouts on the road. As a result, a driver can easily lose control of the vehicle. Improper treatment is another tire defect that can lead to loss of vehicle control.

In the event of an accident that may be caused by a vehicle defect, or one where a vehicle defect contributed to accident injuries, it is important to take the proper steps to protect any claim you may later bring. To help preserve your claim, you will need to take steps to preserve evidence that would support your claim. This means doing things like keeping track of where your vehicle is. It may be at an impound lot or a service station. Either way, it is crucial that you know where your vehicle is located and preserve it for evaluation. Do not have any repairs made until you have consulted legal counsel. Additionally, if you can safely do so, it can be important to take pictures at the accident scene. Make it a priority to seek out immediate medical treatment and comply with doctor-recommended follow-up treatment. This is important to not only your claim, but your health and well-being.

Philadelphia Personal Injury Attorneys

Have you or a loved one been injured in an accident? Do you suspect a vehicle defect may have played a role in the accident? Talk to the team at Cooper, Schall & Levy about your options for recovering compensation for your losses.  Contact us today.

Did you know that there are more dangerous times to drive than others? Most of the time, we don’t really think about this. We need to get somewhere and we pick a time that works best for us and our schedule. Taking into account when it is more dangerous to be out driving, however, can be a great way to avoid trouble on the road and keep yourself safe. Let’s take a look at some of the most dangerous times to be on the road.

The Most Dangerous Times to Be on the Road

Time of day can be a significant factor in increasing the risks of the road. Did you know, for instance, that our bodies experience natural drowsy times throughout the day? This is regardless of sleep and health. Your body tends to experience natural times of drowsiness between 12 am and 6 am and again between 2 pm and 4 pm. If you can avoid being on the road between these hours, you may avoid the roads being filled with fatigued drivers, yourself included. Fatigued drivers often have slowed reaction times and impaired judgment.

Times of the week also ebb and flow with more dangerous times to drive. Did you know that the weekend proves to have more fatal accidents occurring, but the days leading up to the weekend tend to have more accidents with non-fatal injuries? When you think about it, the increase in accidents leading up to the weekend and on the weekend makes sense. There are likely to be more people off of work traveling to other places for a long weekend vacation. The increase in travelers and the increase in the number of people driving in unfamiliar areas can make for more dangerous driving conditions.

Times of the year can also impact the level of danger on the roadways. Winter, for example, is a notoriously dangerous time to be on the road, particularly in cold climate areas. This is due, in large part, to the snowy and icy conditions that dominate the season. Snow and ice make for slick roads and low visibility. The summertime, however, is also a peak season for motor vehicle accidents. The weather may be better, but summer rains can be difficult to navigate. Furthermore, there are more people on the roads as school is out and more people are getting out to enjoy the great weather. There is also an increase in the amount of roadway construction, which can make things more difficult to navigate safely. There are also more bikes and pedestrians out and about.

Philadelphia Personal Injury Attorneys

The truth is that it can be dangerous to drive at any time of the day, week, or year. If you have been injured in a car accident caused by the negligence of another, you can count on the team at Cooper, Schall & Levy to tirelessly represent you and pursue your right to be fully compensated for your injuries. Contact us today.

In a personal injury auto accident claim, determining fault is a critical element to establish. After all, the party who is found to be at fault for causing the accident can legally be held responsible for compensating the injured party for the harm they suffered as a result of the accident. This means the at-fault party, or, more likely, their insurance company, will compensate the injured party for things such as medical expenses, lost wages and more. Some accidents are straight forward regarding the fault determination. Others can be more complicated. Take rear-end accidents, for instance. While most may point the finger at the driver who hit the other car from behind as the person at-fault, these kinds of accidents, like all accidents, require a fact-specific inquiry to really determine who was at fault.

Determining Fault in a Rear-End Accident

In many cases, the rear driver will be found at fault for a rear-end collision. The fact remains, however, that fault is determined based on which driver engaged in negligent driving behavior leading to the accident. What the drivers were doing leading up to the collision is a critical element of the fault-determining analysis. For instance, when a rear-driver is found at-fault in a rear-end accident, it is not simply because they were the rear-driver. In fact, the rear-driver is often found at fault for a rear-end accident because they were engaged in aggressive or distracted driving.

Aggressive driver behaviors that would lead the rear-driver to be at-fault for a rear-end collision would include things such as speeding or tailgating. Speeding makes it more difficult for a driver to effectively stop in time should the driver in front of them hit the brakes. Tailgating and failing to leave enough room between a driver in front of you also makes it more difficult to effectively stop in time to avoid a collision.

Distracted driving on the rear-driver’s part can also be found to be the root cause of a rear-end accident. When a driver is eating, texting, or otherwise messing with car settings or electronic devices, they can miss things like cars in front of them coming to a stop or slowing down. Distracted driving can all too easily prevent a driver from having enough time to avoid a collision.

To be clear though, there are many times when the front driver is found to be at fault for an accident. How can this be? Well, there are a number of scenarios where this might be the case. For starters, the front driver may have reversed into the car behind them. This is often the case in parking lots. Other times, the front driver’s aggressive driving may have been the root cause of the accident. Consider, for instance, a driver that is weaving in and out of traffic lanes. If this driver cuts someone off or fails to adequately signal, the driver behind them may not have the space or time to react to this dangerous driving behavior. If an accident results, then the front driver may be found at fault.

Philadelphia Personal Injury Attorneys

Gathering evidence and looking at the specific circumstances of an accident will be critical in any personal injury claim. The team at Cooper, Schall & Levy knows what evidence needs to be gathered and preserved in order for you to have the strongest possible claim. Contact us today.

It can be a whirlwind of events after being injured in a car accident. Your car may be damaged beyond repair, requiring the purchase of a new car. You will need to get medical attention and consistent follow-up care for your injuries. There will be insurance companies calling and questions to answer. It can all feel like too much. On top of all of this, there are the mounting expenses and missed wages following a car accident that can be the proverbial straw that broke the camel’s back. If you were injured in an accident caused by someone else’s negligence, the law allows you to seek compensation from that person for harm you have suffered as a result of their negligence. So, who can be held liable after a car accident?

Who Can Be Held Liable After a Car Accident?

What do we mean when we say, “Who can be held liable after a car accident?” Well, what this question is really asking is who can be held responsible for the damages caused by a car accident and, thus, who can be made to pay for those damages in order to compensate the injury victims of the accident. Who can be held liable after a car accident centers around whose negligence caused or contributed to causing the accident.

Negligence is a legal term meaning that a person breached a duty of care owed to another person and that breach caused the other person to sustain damages. We all owe each other a duty of care when we are sharing the road. So, if someone violates traffic laws or drives in a reckless way, then it could be said that they are being negligent. If their negligent driving behaviors caused an accident that resulted in injury and harm suffered by someone else, then they can be held liable after a car accident.

In a car accident, there a variety of people that could be held liable depending on the circumstances. Oftentimes, it is a driver of another vehicle that caused the crash and, therefore, would be held liable. Other times, it may be a dangerous road condition, such as a road in disrepair, that caused the accident and, in these cases, the city or local government may be held liable. In other cases, a defect in a vehicle may have caused an accident and the car manufacturer or designer may be held liable. 

Who can be held liable after a car accident? This can be answered by pinpointing who was at fault in causing the accident. In most cases, of course, it is the insurance company for the at fault party who will end up compensating the accident victims. Be prepared for this. Insurance companies will use the full force of their often vast resources to try and fight paying out in full or in part on an accident claim. Questioning who is liable for the accident is one of their favorite tactics to utilize.

Philadelphia Personal Injury Attorneys

If you have been injured in a car accident, the dedicated personal injury team at Cooper, Schall & Levy is here to help. Contact us today.

After a car accident, you will feel bombarded by phone calls. Most of these phone calls may very well be from insurance companies. They are likely to come from both your own insurance company and those of the other parties involved in the accident. It can all be overwhelming. You have just been through a traumatic experience and now you have to field questions about the accident and whether or not you should give an insurance company a recorded statement. To help manage your anxiety over this, know your rights. Know what statements you have to give, what statements you do not have to give, and what statements you should not give to an insurance company.

Should I Give a Statement to the Insurance Company After an Accident?

Whether or not you should or shouldn’t give a statement to an insurance company after an accident will vary largely depending on who is actually requesting the statement. You should know that it is almost definite that you will have to give a statement to your own insurance company. Giving statements is often included in your insurance contract and so you have a legal obligation to comply with such a request or risk losing your car insurance coverage. If an insurance company for another party involved in the accident is requesting a statement, however, you do not have to give them one and it is often recommended that you do not give them a statement.

Not giving another insurance company a statement about the accident is not about hiding information, but it is more about not giving them an opportunity to look for holes and weaknesses in a statement you gave them. Insurance companies will look to twist any statement you give them into a way that can work to undermine your claim. When you do not give them a statement, they are denied such an opportunity.

If you give a statement to an insurance company, and this means any insurance company, you must be careful in what you say and how you say things. Always make sure that you have properly heard the question and understand what is being asked. Do not rush ahead and provide information that does not directly answer the question posed. Wait for the whole question, ask for any clarification if needed, and take a pause. Think about the question and what is being asked.

When you go to answer a question, formulate an answer that is complete and clear. Keep your answer concise and within the scope of the question. Avoid rambling or thinking out loud. That is where many people run into trouble. Thinking out loud often leads to speculation and straying from the concrete facts. If you do not know the answer to a question, stick with a simple “I don’t know.”

Philadelphia Personal Injury Attorneys

It can often feel chaotic and overwhelming after an accident. Let the trusted personal injury team at Cooper, Schall & Levy help you manage the chaos and advocate on your behalf. Contact us today.

If a car or any type of vehicle enters an intersection after the traffic light has turned red, this is considered to be “running a red light.” Some people run red lights because they are not paying attention. Most red light runners, however, do so because they are simply in a hurry. They do not want to stop and get stuck at the light and so they fly through the intersection on the red. This is dangerous driving behavior and it is even more so when you consider the fact that most red-light runners are also speeding. As such, red light accidents can be devastating. The damage and injuries sustained in these accidents can be severe. Red light runners should not just be held accountable for breaking the law, but they should also be held accountable for the injuries they have caused to others due to their reckless driving maneuvers. This is done through bringing a personal injury claim. Injury victims can bring a claim against the at-fault driver or the insurance company for the at-fault driver seeking compensation for the harm they have suffered.

Red Light Accidents

Red light running happens due to a variety of circumstances. Yes, most of the time, a red light runner is a driver in a hurry. In more recent years, however, it has become alarmingly common for a red-light runner to be a distracted driver. The driver is busy texting, talking on the phone, or otherwise engaged in any number of distractions and does not notice the light has turned red.

Other times, a person may run a red light because they do not think they can safely come to a complete stop in time. In many, if not the majority, of these cases, the driver cannot come to a stop in time because they were speeding. When you are speeding, it reduces the amount of time you have to safely come to a stop. When speeding, a driver will likely have to confront whether it would be better to slam on the brakes or run the red light. 

Regardless of the circumstances surrounding the running of a red light, running red lights is dangerous, indeed. In fact, the Insurance Institute for Highway Safety (IIHS) reports that, in 2020, 928 people were killed in crashes involving red light running. That same year, IIHS reports that an estimated 116,000 people were injured in red light accidents. It is clear that red light running is a danger that is costing far too many people their lives and well-being.

In an effort to discourage red light running, red light cameras have become more common. Police officers cannot, after all, be expected to be at every intersection policing red-light runners. Red light cameras give law enforcement the ability to have a presence at the intersection without actually being present. The numbers seem to show that red light camera are effective at combatting the dangers of red light running. The IIHS has conducted a study that showed that red light cameras reduced the fatal red light running crash rate of large cities by 21 percent and the rate of all types of fatal crashes at signalized intersections by 14 percent.

Philadelphia Personal Injury Attorneys

If you’ve been injured in a crash caused by a red light runner, do not hesitate to reach out to the dedicated personal injury team at Cooper, Schall & Levy for assistance. Contact us today.

A car accident can really turn your life upside down. It can be scary and overwhelming. Following an accident, you may be emotional and even distraught. In the immediate aftermath of an accident, however, your actions are crucial. What you do and what you say from the point of impact onward can have serious and significant implications for you during any insurance claim process or settlement negotiations that may take place later on. As such, it is critical that you are mindful of what you say after an accident. Even the most seemingly innocent statements can later be misconstrued to be used against you.

Don’t Say These Things After a Car Accident

We’ll start with one of the most common, automatic phrases that people will say after an accident that could come back to bite them later on. “I’m sorry.” It is something that so many of us have come to say in situations that we simply do not want to be involved in that we have forgotten that the phrase is really a form of an admission of guilt. After an accident, saying “I’m sorry” can be used as such. It can be seen as though you are admitting fault for the accident. Now, this may not actually be the case, but it can and will be used as such.

Another phrase you should avoid stems from what can be the prominent “stiff upper lip” mentality some people subscribe to. Saying “I’m okay” or “I’m not hurt” after an accident may be a result of you feeling like you really are okay or it may be you dismissing any aches and pains you may be feeling and trying to power through it. The bottom line is, however, that at that point after an accident, it is nearly impossible to know the extent of any injuries you may have received. The adrenaline built up in your body can easily mask the full impact of your hurt and some injury symptoms may not fully present until days later. Saying that you are “okay,” however, can come back to haunt you. If an insurance company catches wind that you said that and then later make a claim for injuries sustained in the accident, it is very likely to cause problems.

In general, it is best to avoid any speculation after an accident. If you are about to say the phrase “I think,” it is likely best that you switch it to “I don’t know.” This is true when asked for a statement after an accident. If you are not sure what happened, do not speculate. There is no one that will expect you to come up with an answer to fill in the blanks. Saying something that ends up being inaccurate, however, can create problems down the road.

Philadelphia Personal Injury Attorneys

Have you been injured in an auto accident? Do not delay in reaching out for trusted legal representation. The team at Cooper, Schall & Levy will fight for you. Contact us today.

Facebook, Instagram, Twitter, and other social media platforms have become ingrained in our everyday lives. We post updates. We check updates. We scroll. Because of how our social media habits have become so strong, you may feel hesitant to take what we are about to say to heart. If you are in an accident, avoid social media for as long as possible. It would be best to avoid it altogether until your claim is settled. This may sound drastic, but it is one of the best things you can do to protect yourself and the validity of your claim. Let’s talk about why that is so.

Why You Should Avoid Social Media After an Accident

After an accident, you may turn to social media for support. After all, it is an online community that can be comforting after a traumatic experience. You may go on social media to let friends and family members know about what has happened. This, however, is not a great idea. Posting about the accident can leave you incredibly vulnerable to investigations launched by the insurance company for the at-fault party.

Think about the kind of things that you may post on social media when talking about the accident. You may tell everyone you are “okay.” Innocuous enough, right? Not really. Dismissing the harm you have suffered by saying you are okay could be turned around by the insurance company to say that you were clearly not injured as you may claim to be. Talking about the details of the accident such as saying, “the car came out of nowhere,” could be misconstrued by the insurance company as you admitting that you were not paying attention to the road or you were clearly engaging in distracted driving. This may seem ridiculous to you, but take it from people who have fought insurance companies again and again, they will use whatever they can to undermine your claim.

People also run into trouble with social media use after an accident by posting every day happenings. Do you post pictures of a weekend kayak adventure? Did you update your friends about a trip you just took? An insurance company will do what they can to access your social media posts and find this type of thing. They will point to these outings and claim that you clearly have not been too severely injured by the accident and obviously the accident hasn’t had much of an impact on you. It may seem like a leap for you, but this is what happens.

If you think your privacy settings are too secure for insurance companies to access your social media posts, then you may want to think again. Privacy settings can be tricky and insurance companies have ways of circumventing them. This is why it is always the safest bet to forego use of social media while you have an injury claim pending. If this is something that you are unwilling to do, then at least limit your social media use and refrain from posting about your accident. Do not accept friend requests from anyone you do not know and use social media thoughtfully.

Philadelphia Personal Injury Attorneys

At Cooper, Schall & Levy, we know the insurance company tricks and we fight to hold them accountable. We stand up for the injured to help ensure they are fairly compensated for the harm they have suffered.  Contact us today.

Motor vehicle crashes can cause devastating injuries. On top of the physical, mental, and emotional impact of a car accident, there can also be significant financial implications. There will be medical bills. You may miss work and lose wages as a result. Things can pile up all too quickly. Those injured in accidents caused by the negligence of another often rely on the insurance coverage of the at-fault driver to compensate them for the harm they have suffered. Pennsylvania law requires all drivers to carry insurance coverage for such situations. Unfortunately, this does not mean every Pennsylvania driver actually carries insurance. There are many drivers without any insurance at all and even more that only carry the bare minimum, leaving them underinsured should they cause significant damages in a car accident. The possibility of being injured by an uninsured or underinsured driver is all too real. Let’s take a look at how you can protect yourself.

How You Can Protect Yourself From Uninsured Drivers

Whether a driver is uninsured or underinsured, meaning they lack the insurance coverage to fully cover the damages they have caused in an accident, the financial consequences for you can be downright crippling. You may be able to go after the at-fault driver personally, seeking compensation from them directly by accessing their assets, but this can be difficult to do. Even if you can get a damages judgment against them, they may lack the assets to fully compensate you for the harm you have incurred due to the accident. The fact of the matter is that it can be a dangerous game to play when you put all of your faith on another driver’s ability to adequately cover your expenses should you be injured in an accident they caused. This is why it is a good idea to consider getting uninsured or underinsured motorist (UM/UIM) coverage.

If you opted for UM coverage or will be trying to seek compensation from the at-fault party personally, through their insurance carrier, or both, it will still be important to protect yourself by preserving your claim as best as possible. There are several things you can do to help accomplish this. For starters, you can call 911 after the accident. Law enforcement will arrive on the scene and an official accident report will be generated as a result. The accident report is a critical piece of evidence in supporting an injury claim later on.

You should also take notes about the accident as soon as possible so that your memory of the details is still fresh. Note the date, time, and location of the accident as well as what happened. If there are any witnesses to the accident, try to get their names and contact information. Taking pictures at the scene can also be helpful. Pictures can be compelling pieces of evidence in an accident injury claim, showing the damage more clearly than one may be able to with just words alone.

Philadelphia Personal Injury Attorneys

Getting the monetary recovery, you deserve after an accident can be difficult. At Cooper, Schall & Levy, we tirelessly pursue every potential avenue of recovery to help ensure that you are properly compensated. Contact us today.